Citation Nr: 21071649 Decision Date: 12/01/21 Archive Date: 12/01/21 DOCKET NO. 18-46 802 DATE: December 1, 2021 REMANDED Entitlement to a total disability rating for individual unemployability due to a service-connected disability (TDIU) is remanded. Entitlement to a disability rating in excess of 70 percent for posttraumatic stress disorder (PTSD) is remanded. Entitlement to an effective date earlier than September 14, 2017 for the assignment of a 70 percent rating for PTSD is remanded. REASONS FOR REMAND The Veteran served on active duty from September 2001 to November 2008. This matter came before the Board of Veterans Appeals (Board) on appeal from an October 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In July 2019, the Board of Veteran's Appeals (Board) issued a decision denying the issues of entitlement to a rating in excess of 70 percent for PTSD and entitlement to an earlier effective date for the assignment of a 70 percent rating for PTSD. In the same decision, the Board found that the issue of entitlement to a TDIU was not raised in this case. The Veteran appealed the Board's denial to the United States Court of Appeals for Veterans Claims (Court). The parties submitted a Joint Motion for Remand (JMR) in July 2020. The Court granted the JMR and remanded the issues on appeal for readjudication in accordance with instructions set out in the JMR. In January 2021, the Board found that the issue of TDIU was raised by the record as part of the underlying increased rating appeal and remanded the appeal for further development. 1. Entitlement to a total disability rating for TDIU The Board finds that additional development is required in order to clarify the Veteran's work history and whether his employment was marginal in nature. A determination regarding whether a Veteran is entitled to TDIU involves consideration of two components: an economic component involving an occupation outside of a protected environment earning more than marginal income, and a non-economic component involving the Veteran's ability to secure and follow such employment. See Ray v. Wilkie, 31 Vet. App. 58 (2019). A May 2021 VA examination indicates that the Veteran is receiving flexible hours and work-from-home accommodations with his current employer. The examiner also included in the occupational history notations statements from the Veteran that indicate he may have received similar accommodation at his previous place of employment. In the January 2021 Board decision, the Veteran was asked to provide his detailed work history by providing a completed VA Form 21-8940 (Application for TDIU). However, the record does not include a response. The Board notes that the record also does not contain a Social Security earnings report. In order to clarify the Veteran's earnings, Social Security records regarding the Veteran's earnings history for the period from September 2017 to the present should be obtained. As a result, the record is ambiguous regarding the Veteran's work history and earnings. Remand is therefore required. In addition, the Veteran and his representative are again advised to complete and return the VA Form 21-8940 (Application for TDIU) for the period on appeal as the details regarding the Veteran's work history, earnings, and accomodation are necessary in order to make a determination on this issue. 2. Entitlement to a disability rating in excess of 70 percent for posttraumatic stress disorder (PTSD) 3. Entitlement to an effective date earlier than September 14, 2017 for the assignment of a 70 percent rating for PTSD The Board notes that additional development has been ordered above for the issue of TDIU. That development is likely to include information regarding the severity and longevity of the Veteran's occupational impairment, which is relevant to the issues of an increased rating and effective date of his PTSD. These issues must therefore also be remanded. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (two issues are "inextricably intertwined" when the adjudication of one issue could have "significant impact" on the other issue). The matters are REMANDED for the following action: 1. Obtain the Veteran's records from the Social Security Administration regarding his earnings from September 2017 to the present. Document all requests for information as well as all responses in the claims file. 2. Provide the Veteran with a VA Form 21-8940, Application for TDIU and request that he submit the completed form, with all appropriate information. All requests and responses should be documented in the case file. (Continued on the next page) 3. If upon completion of the above action the appeal remains denied, the case should be returned to the Board after compliance with appellate procedures. E. I. VELEZ Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E. Bock The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.